TNAG-2172-FCO40-3109-Hong-Kong-Bill-of-Rights-1990 — Page 214

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

CUMIDENTTAL

3

Crimes Ordinance

Parts I and II relating to treason and sedition will need amendment alongside the Official Secrets Act. Loitering provisions and stop and search powers.

Loitering provisions and stop and search powers being reviewed by the Law Reform Commission. Possible to introduce the necessary changes in 1990.

Prison Rules, Detention Centre Regulations

Criminal offences committed in prisons being dealt with as disciplinary offences without the normal procedural safeguard under article 14. Various

provisions of prisons rules, standing orders and detention centre

regulations may be liable to challenge for human rights infringement, e.g. interference with correspondence (article

17(1)).

The

Correctional Services Department is not prepared to change the existing practice in dealing with criminal offences in prisons. problematic prisons rules, etc will be reviewed with a view to improvement vis-a-vis the Covenant. UK have reserved the right under the Covenant to apply to persons lawfully detained in penal establishments such laws and procedures as necessary for the preservation of custodial discipline.

CONFIDENTIAL

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